Since he doesn’t live in the City and doesn’t read the blogs or listen to Saturday Morning Live, I expect you’ll hear Todd Robbins of WCAP say on Monday “I’ve exclusively learned that License Commissioner Walter Bayliss has no legal grounds for appeal if the City Council supports the Managers decision to dismiss him.”
I’ll just say that I consulted with a very talented and respected lawyer about a cities ability to seemingly be exempt or overrule a State law and this was the answer I received.
“Without reviewing Lowell’s City Charter in any great detail, it appears that Lowell does have the ability to exempt itself from the requirements provided under MGL c. 138 sec. 5 (including the right of a removed member to apply to the Superior Court for a review of the charges).
That is not because Lowell is overruling a state law, but rather because Lowell, as a city organized under a Charter, is exempt from sections 4-9 of MGL c. 138. This exemption comes from MGL c. 138 sec. 10, which reads in part:
Section 10. The following cities shall be exempt from the operation of the six preceding sections: First, cities having a licensing board or commission created by special statute or under the provisions of a charter…
Lowell is a city organized under a Charter, and its Charter expressly cites MGL c. 138, s.10 in establishing the Licensing Commission. As a result, it is exempt from the requirements of MGL. C. 138, s. 5.